B3 Environmental Management

Application

This Part applies to development that: • Is located on land that contains acid sulfate soils; or • Has the potential to produce air pollution (such as dust or odour); or • Has the potential to produce adverse offensive noise; or • Involves earthworks.

B3.A Acid sulfate soils

Objective

To ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage

Development controls

B3.1 Development located on acid sulfate soils (ASS) as identified on the Acid Sulfate Maps of the Local Environmental Plan adheres to the Local Environmental Plan requirements by taking one of the following three paths: 1. Accept that ASS is present and prepare a development application and an ASS management plan as set out in the NSW ASS Manual40; or 2. Provide a framework for the on-going management and monitoring of the impacts throughout the development, in your ASS management plan. There is no set formula for managing ASS and each case must depend on the particular circumstance. Please refer to the NSW ASS Manual40 for details; or 3. Undertake a preliminary assessment as set out in the NSW ASS Manual40, to determine whether ASS is present and whether the proposed works are likely to disturb or oxidise these soils or lower the water table. If ASS is present, Council must consider the following matters before development consent is granted: • The likelihood of the proposed development resulting in the discharge of acid water • The adequacy of the ASS management plan prepared for the proposed development in accordance with the NSW ASS assessment guidelines

B3.B Air quality

Objective

To ensure air quality is not negatively impacted on by dust and odour in recognition of the associated human health impacts

Development controls

B3.2 • An air quality impact assessment is required where development has potential to adversely impact surrounding areas in terms of air quality • An air quality impact assessment is to be generally provided for the following development types: - Rural industries - Heavy Industry - Sewerage systems - Waste or resource management facilities - Extractive industry - Other development types identified by Council • An air quality impact assessment is to: - address construction, operation and occupational impacts - identify emissions and measures to mitigate against impact on any nearby residences, especially on sensitive receivers - be prepared in accordance with the NSW Department of Environment and Conservation, 2001. 'Approved Methods for Modelling and Assessment of Air Pollutants in New South Wales'39

B3.C Noise

Objective

To identify potentially offensive noise to ensure it is managed within the relevant legislative requirements

Development controls

B3.3 An acoustic report is required for development that has the potential to produce offensive noise, meaning: • that, by reason of its level, nature, character or quality or the time at which it is made, or any other circumstances: - is harmful to (or is likely to be harmful) to a person who is outside the premises from which it is emitted, or - interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted • that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations, such as the Environmental Protection Authority. 2000, 'NSW Industrial Noise Policy'14 Note: Development that is likely to require compliance with this requirements includes: • clubs, hotels and pubs with outdoor smoking, dining and gaming areas, mechanical plant, carparks; • function centres that host outdoor weddings;

Development controls

• childcare centres with outdoor and indoor play areas, air-conditioning plant, carparks; • residential developments with ventilation and air-conditioning plant, carparks; and • commercial developments with workshops, mechanical and ventilation plant such as air exhaust and supply fans, chillers, cooling towers, truck and freight train movements, loading docks etc.

B3.D Earth-works

Objective

To facilitate earthworks so as to minimise potential environmental impacts, such as erosion or the release of sulfuric acids as identified by the Local Environmental Plan

Development controls

B3.4 Development may need to provide a bulk earthworks plan in order to adequately address the above matters when: • cut exceeds 2m in depth • fill has a total area of 100m2 or more • is within 40m of the top bank of a riparian corridor as defined under the Water Management Act 2000 B3.5 Fill must consist of virgin excavated natural material (VENM) as defined under the Protection of Environment Operations Act 1997 or any other waste-derived material the subject of a resource recovery exemption under clause 91 of the Protection of the Environment Operations (Waste) Regulation 2014 that is permitted to be used as fill material.